How to use the recast EWC Directive to improve your EWC

1. How to use the recast EWC Directive to improve your EWC 'Anticipate restructuring in the packaging and hygiene industry'  Madrid, 2 – 4 November 2011 Claudia Saller @ UNI Europa Graphical & Packaging

2. EWC - what's that? • A forum of information and consultation on transnational issues for employees in Europe (EU, EEA) • A forum to anticipate and deal with changes together and coordinating transnationalsolidarityof employees • A legal basis trade unions should make use of (EU Directive 2009/38/EC)

3. What is the legal basis? • EU Directive 1994/45/EC: Basis • EU Directive 2009/38/EC: « Recast » • Transpositions into National Law • YOUR EWC agreement

4. Information & ConsultationDir 2009/38/EC Avis Opinion Stellungnahme EWC - CEE Time Temps Zeit Fashion Manière Weise Content Contenu Inhalt Impact?

5. What's new in the Recast 2009? Most relevant points for Restructuring • Definition of «Information » and « Consultation » • Clarification on «Transnational issues » (decisions potentially affecting the European workforce) • A new adaptation clause(in case of significant change of structure) • A recognized role for trade unions(informing ETUF of negociation start, assistance to SNBs) • Right to training without loss of wages

6. Art 13 agreements Signed before 22/9/1996 Art 6 agreements Amended 5/6/2009 – 5/6/2011 When does 2009/38/EC apply?

7. Art 13 agreements In case of restructuring Art 6 agreements New agreements From 6 June 2011 Mergers, downsizing, closures When does 2009/38/EC apply?

8. Four categories of EWCs 1. The symbolic EWC. Although a formal agreement has been signed, in practice these EWCs do very little. Their activities are largely restricted to the (usually once-yearly) meetings with the group management.

9. Four categories of EWCs 2. The EWC as service-provider. Although the EWC members do help each other by exchanging information, there is no attempt to work towards developing a common EWC policy.

10. Four categories of EWCs 3. The project-oriented EWC. These EWCs focus on systematically developing structures for the group's internal functioning and communication as well as on specific projects. They may include the development of an internal information system for comparing social and working conditions within the company, or even the drawing up of a joint code of conduct / Framework agreement.

11. Four categories of EWCs 4. The participatory EWC. Workers' and management's interests are co-ordinated, real Consultation is taking place. The EWC seeks to be involved in decisions and measures that affect matters which are important to the company's employees, and to be recognised as a eye-level partner by the group management.

12. Crucial element: Trade Union Coordination • One Coordinator for every SNB/EWC • Appointed by UNI Europa Graphical, being a full time official of an affiliated organisation • Adding a European Perspective • Ensuring and facilitating communication flows • Coordinating the SNB‘s / EWC‘s activities

13. Working groups • How powerful is your EWC now? • What do you need to strengthen it? • New agreement or better practice? • What do you want to achieve on a transnational level? • How can trade unions help you?

14. For further questions.... • UNI Europa Support for EWCs: http://www.uniglobalunion.org/Apps/iportal.nsf/pages/20090204_xkh8En • ETUI EWC Database: http://www.ewcdb.eu/ • ETUC Brochure on „recast“ EWC directive: http://www.etuc.org/a/7279 • European Commission website on employee involvement: http://ec.europa.eu/social/main.jsp?catId=707&langId=en&intPageId=211 Claudia SallerUNI Europa EWC coordinatorTel: +32 2 235 08 64Fax: +32 2 235 08 70 claudia.saller@uniglobalunion.org www.uni-europa.org

15. Thank you for your attention!